It appears that in recent months there have been a number of instances where enforcement officers are issuing enforcement notices on correctly used spec lifts.
A disabled or broken down vehicle (whether disabled/ broken down due to accident damage or mechanical failure) is one that is incapable of action or use and is exempt from the construction and use braking requirements. Therefore it can be towed legally using a spec lift without the need for overrun braking systems. This is outlined in Regulation 16.
There are many reasons why a vehicle may be considered disabled/ broken down, but such a vehicle may still be capable of limited movement, inc. movement under its own power on or off a spec lift. Operators should ensure that no ‘non-disabled or non-broken down’ vehicles are placed on a spec lift and if a disabled or broken down vehicle is on a spec lift and the reason is not obvious for its condition then this is known by the recovery driver.